Special Verdict – Court Error

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WI Court of Appeals – District III

Case Name: Luann Breslin v. Wisconsin Health Care Liability Insurance Plan

Case No.: 2015AP1051

Officials: Kloppenburg, P.J., Higginbotham and Sherman, JJ

Focus: Special Verdict – Court Error

Luann Breslin’s son, Cody Reindahl, committed suicide while in the care of Trempealeau County Health Care Center (TCHCC) under a voluntary WIS. STAT. ch. 51 (2015-16) 1 commitment. Breslin sued TCHCC and its insurer, Wisconsin Health Care Liability Insurance Plan, alleging that TCHCC was negligent in caring for Reindahl, resulting in Reindahl’s suicide. As an affirmative defense, TCHCC alleged that Reindahl was contributorily negligent for failing to avoid committing suicide although Reindahl appreciated the risk of doing so. The case was tried to a jury, and the jury returned a verdict finding TCHCC 20% negligent in caring for Reindahl and Reindahl 80% contributorily negligent. This appeal involves two questions included in the special verdict. The sole issue on appeal is whether the court erroneously exercised its discretion by including the two questions on the special verdict relating to Reindahl’s ability to appreciate the risk of harm from committing suicide and the duty to avoid taking his own life, and whether he was negligent with respect to his safety. Breslin argues that we should expunge these questions as a matter of law, which would result in TCHCC being the only negligent party in Reindahl’s death. We conclude that under controlling law the court properly exercised its discretion in including those questions on the special verdict, and therefore, we affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.